02-22-2022 Planning Commission Packet

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FILE#LA22-000001 22 Feb 2022 Page 5 of 7 • properties.The hardcover limitation is not unique to the applicants' properties.Relative to the request for a guest house,there are no special conditions that would support a guest house on the Property. 9. The conditions do not apply generally to other land or structures in the district in which the land is located.The substandard lot size is not unique to the immediate neighborhood however in the past, the"Swenson" lot was separated from the original property at 2967 Casco Point Road and the separation resulted in a unique and awkward lot configuration and the extreme average lakeshore setback.The applicants wish to resolve the lot configuration. Responding the guest house issue,many of the lots in the immediate area are smaller than the 1.0 acres necessary to support a guest house. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting some level of hardcover variance in this unique situation is not entirely contrary to the intent of the zoning chapter. However the proposed level of hardcover, including the addition of new hardcover is not supported by practical difficulty and is contrary to the intent of the zoning chapter.The variance to the required minimum lot area for a guest house use is at odds with Orono's density standards and is not necessary for the applicants'enjoyment of property rights. 11. The granting of the proposed variance will not in any way impair health, safety,comfort or morals, or in any other respect be contrary to the intent of this chapter.The granting of a variance to the lot area standard to permit a second dwelling unit on an undersized property is in direct conflict with the intent of the comprehensive plan and zoning chapter. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. It is possible that hardcover variances of a more appropriate scale may be necessary,and may not merely serve as a convenience to the applicants. However,the lot • area variance for the guest house use and the variances for hardcover in excess of the minimum necessary to reasonably serve the properties,as proposed appear to be strictly for the convenience of the property owner and unsupported by practical difficulties. The Commission may recommend or Council may impose conditions in granting of variances.Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Applicable Regulation: Conditional Use Permit(Section 78-916) The Planning Commission may recommend and the Council may grant a Conditional Use Permit (CUP) as the use permit was applied for or in modified form. On the basis of the application and the evidence submitted, the city must find that the proposed use at the proposed location is or will be: 1) Consistent with the community management plan; The use of the property for residential uses is consistent with the Community Management Plan. 2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; The proposed guest house is inconsistent with the lot size requirements outlined in the city code,the first of three conditions placed for Guest House uses. 3) Adequately served by police,fire, roads, and stormwater management; These services are currently provided to the building. 4) Provided with an adequate water supply and sewage disposal system; These services are currently provided to the building. • 5) Not expected to generate excessive demand for public services at public cost; It is not expected to increase demand for these services.